Chicago Truck Accidents Due to Distracted Driving

distracted truck driver Illinois law forbids distracted driving. But what exactly is “distracted driving”? While that term could refer to shaving in the mirror while driving, it normally refers to the use of some electronic device. Although distracted driving laws keep getting stricter, for the moment the rules in Chicago are as follows:

  • Texting and driving is forbidden
  • Talking on a hand-held phone is allowed except in construction zones and school zones
  • Talking on a hands-free device is legal for most drivers, even in construction zones and school zones.
  • Bus drivers and drivers under 19 are not allowed to use electronic devices while driving, even if they are hand-held.

Negligence Per Se and Chicago Truck Accident Claims

Many states follow “negligence per se” rules. Under these rules a violation of a safety statute is considered automatic negligence. In Illinois, however, a violation of a safety statute such as distracted driving is considered evidence of negligence. This means a court can decide that the violation did not add up to negligence under the circumstances of the accident. That rarely happens to our clients.

The Malman Law Track Record

Winning a truck accident claim can be tricky, especially when you are filing a claim against a stubborn insurance company that will be on the hook for a large sum if your claim succeeds. That doesn’t bother us here at Malman Law – we have been winning truck accident claims on behalf of our Chicago clients for decades now.

  • We win 95 percent of the time
  • We have served over 15,000 clients
  • Our clients have won over $200,000,000 due over the years
  • We settle out of court 95 percent of the time

Client Testimonial

“If anyone has a problem and is in need of help, call Malman Law. At Malman Law you are not just a client, you are part of the family.” – Donyell G

Some Related Practice Areas

We handle all different types of truck accidents, including:

Frequently Asked Questions (FAQs)

Can I handle my claim on my own if I plan to settle out of court?



You certainly have the constitutional right to do so. However, it is not a good idea if your claim is sizeable. Insurance company negotiators carry a bag of a thousand tricks, such as:



  • Encouraging you to give a recorded statement and then asking you trick questions

  • Issuing a “lowball offer” while you are still in the hospital

  • Monitoring your social media accounts


That’s three down, 997 to go. Call Malman Law today.

What makes truck accidents more dangerous than ordinary car accidents?



An 18-wheeler truck weighs far more that the average automobile and carries up to thirty times as much momentum. Truck accidents often lead to long-term debilitation, and the death rate is shockingly high.

Do I have a claim if my loved one died in a truck accident?



The Illinois wrongful death act allows the personal representative of the deceased victim’s probate estate to file a wrongful death claim in favor of the estate, spouse, parents, and children of the victim. Once estate costs are covered, damages from a wrongful death lawsuit are divided among next of kin – although not necessarily in equal amounts.

What types of damages might I be eligible for?



Damages can be classified as follows:



  • Economic damages – Tangible losses such as medical bills and lost work time.

  • Non-Economic damages – Intangible losses such as pain and suffering.

  • Punitive Damages – Awarded, if at all, in addition to economic and non-economic damages. Most personal injury claims do not qualify for punitive damages, and Illinois does not allow punitive damages in wrongful death cases.


If You Don’t Win, We Won’t Bill You

As noted above, we win 95 percent of our clients’ claims. This gives us the flexibility to bill you on a conditional basis – if we don’t win your claim, you won’t be receiving a bill from us. We don’t mean we will issue a refund. We mean that you will never pay us anything in the first place. That’s our Zero Fee Guarantee.

Don’t Delay – Truck Accident Cases are Time-Sensitive

We serve clients throughout Chicago, from Rogers Park all the way down to the Far Southeast Side and beyond. Call Malman Law today at 1-888-836-5975, or fill out our online form to schedule a time to discuss your case free of charge. We have someone available 24/7, and we will even come to the hospital to meet you if need be.

Firm Awards & Recognitions

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
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Why People Choose Malman Law

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience